Issue 077
  May 2017
Contents:
 

Sign up now for Annual Conference in Prague!

>  
 

Last chance to register: Hague Agreement, Paris

>  
 

MARQUES takes part in oriGIn meeting

>  
 

Field Notes from the Outer Borders: UNNAMED

>  
 

New eAppeal at EUIPO

>  
 

Latest Madrid System developments

>  
 

Case Law Laboratory in Alicante

>  
 

MARQUES Media Roundup

>  
 

New Convergence Projects

>  
 
Disclaimer:
The views expressed by contributors to this newsletter are their own and do not necessarily reflect the policy and/or opinions of MARQUES and/or its membership.  Information is published only as a guide and not as a comprehensive authority on any of the subjects covered.  While every effort has been made to ensure the information given is accurate and not misleading neither MARQUES nor the contributors can accept any responsibility for any loss or liability perceived to have arisen from the use or application of any such information or for errors and omissions.  Readers are strongly advised to follow up articles of interest with quoted sources and specialist advisors.
 

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Sign up now for Annual Conference in Prague!

 

 

Registration is now open for the 31st MARQUES Annual Conference, which takes place in Prague from Tuesday 19th to Friday 22nd September 2017

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Last chance to register: Hague Agreement, Paris

Mastering The Hague Agreement – from Asia to the USA, through the EU takes place in Paris on 14th June 2017

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MARQUES takes part in oriGIn meeting


Alessandro Sciarra, Chair of the Geographical Indications Team, gave a presentation at a side-event organised by the Organization for an International Geographical Indications Network (oriGIn) in the framework of the 37th Session of the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT), which took place in Geneva from March 27th to March 30th 2017

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Field Notes from the Outer Borders: UNNAMED

In the latest in its series of Field Notes concerning unusual trade marks, Nicoletta Galizia of the IP Emerging Issues Team looks at a brand with no name - UNNAMED by Byredo


Byredo is a Swedish brand of sophisticated and refined perfumes, created in 2006 by Ben Gorham, who started his business from a small shop in Stockholm and has rapidly extended his distribution network to 300 stores in 65 countries. Behind the unique fragrances by Byredo, made through “the composition of the highest quality raw materials”, is the idea that the product itself should tell the consumer a story.

For its 10th anniversary Byredo launched a limited-edition nameless fragrance officially called Unnamed. Designed with a blank white label and provided with a personalization kit (press-on letters and an application tool), the concept of the perfume is to allow consumers to interpret their olfactory experience, give it a name and write their own story.


 

The idea behind Byredo launching Unnamed is not completely new: it follows the path initiated by the perfume (untitled) (2010) by Maison Martin Margiela and Mon Exclusif (2015) by Guerlain (which also provided metallic letters for customising the flacon - see link).

Indeed, these fragrances meet the current trend of personalisation and the consumer’s desire to have a role and a place within the identity of a brand, as demonstrated by recent advertising campaigns of some larger brands, for example, Coca-Cola, with its campaign “Share a Coke”.

That said, Byredo’s choice is surely the best way to customise a brand without incurring any risk of dilution of the trade mark and the danger that the consumer may claim certain rights in the “new” name of the product, as may happen in cases where consumers can literally play with the trade mark of a product (see, for example, one of the advertising campaigns for Perrier). The creation of the name of the perfume in this case remains private, as it is not shared with Byredo or with other consumers through a marketing campaign or social media.

The question is whether it is just a commercial gimmick or a further demonstration of the distinctive power of a trade mark, which can be modified without losing its identity. I would opt for the second.

 

 

Nicoletta Galizia is a member of the IP Emerging Issues Team and an Associate at Studio Legale Jacobacci & Associati, Turin

 

 

 

New eAppeal at EUIPO

 

Latest Madrid System developments


EUIPO launched a new service on 10th April 2017 allowing users to file an appeal online, and provided more information in a webinar on 11th April

 

MARQUES members might like to know about a number of recent initiatives from WIPO, which affect the Madrid System

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Case Law Laboratory in Alicante

 

MARQUES Media Roundup

EUIPO's first Case Law Laboratory will be held on 12th June and is aimed at professionals in the field of trade mark and design law

 

Find out the latest news and analysis on trade mark, design and other relevant IP issues on the MARQUES blogs and social media pages

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European Cooperation: New Convergence Projects to be launched soon

 

India joins TMview

Two new Convergence Projects, covering use of a trade mark in a form differing from the one registered and distinctiveness of three-dimensional trade marks, are due to be launched in October 2017

 

Members might be interested to know that India joined TMview on 26th April 2017

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